Incitement to Riot

Incitement to Riot

It is a hot night, and you are among a group of officers called into an inner-city neighborhood in response to a disturbance. When you arrive at the scene, you discover a group of angry citizens facing a line of officers who are struggling to hold them back. One very angry citizen is yelling above the crowd, urging the others to attack the police. Some of his comments are very violent and very specific, and he appears to be making the crowd even angrier. Answer the following questions:

a. Is this man violating any laws? If so, what are they?

b. Can you arrest this citizen without violating his constitutional rights? Why or why not?

c. If he succeeds in inciting others to riot, do you think that there are any additional charges for which he may be liable? Why or why not?

Solution: